In April, I continued to travel the country pushing my education, gun safety, and technology access issues from the State of the Union address; established another national monument, Grand Sequoia, in California; vetoed the bill to put all America’s low-level nuclear waste in Nevada because I didn’t think all the legitimate questions had been answered; signed the bill ending the earnings limitations for retirees who were collecting Social Security; visited the people of the Navajo Nation in Shiprock in northern New Mexico to highlight our efforts to use the Internet to bring educational, health, and economic opportunities to remote communities; and dedicated the simple but powerful memorial to the victims of the Oklahoma City bombing, 168 empty chairs in rows on a small knoll flanked by two large entryways and overlooking a large reflecting pool.
April also brought the final act in the long saga of little Elián González. Several months earlier his mother had fled Cuba with him for the United States in a rickety boat. The boat capsized and she drowned after putting Elián in an inner tube to save his life. The boy was taken to Miami and put in the temporary custody of a great-uncle, who was willing to keep him. His father in Cuba wanted him back. The Cuban-American community made Elián’s case a crusade, saying that his mother had died trying to bring her son to freedom and it would be wrong to send him back to Castro’s dictatorship. The governing law seemed clear. The Immigration and Naturalization Service was supposed to determine whether the boy’s father was a fit parent; if he was, Elián had to be returned to him. An INS
team went to Cuba and discovered that though Elián’s parents were divorced, they had maintained a good relationship and had shared child-rearing duties. In fact, Elián had spent about half his time with his father, who lived closer to the boy’s school. The INS found that Juan Miguel González was a fit parent.
Advocates for the American relatives took the case to court in an attempt to question the validity of the process in Cuba, thinking it might have been compromised by the presence of Castro’s people at the hearing. Some sought to apply the normal state-law standard in child custody cases: what is in the best interest of the child? The Congress got in on the act, with various bills being proposed to keep Elián in the United States. Meanwhile, the Cuban-American community was whipped into a frenzy by permanent demonstrations outside the house of Elián’s relatives and regular TV interviews with one of them, a highly emotional young woman.
Janet Reno, who had served as prosecuting attorney in Miami and had been a popular figure among Cuban-Americans, enraged them by stating that federal law should control the situation and Elián should be returned to his father. It wasn’t easy for Janet. She told me that one of her former secretaries would hardly speak to her; the woman’s husband had been jailed for fifteen years by Castro, and she had waited all that time for him to be released and reunited with her. Many Cuban-Americans and other immigrants believed the boy would be better off staying here.
I backed Reno, believing that the fact that Elián’s father loved him and had been a good parent should count for more than the poverty or the closed and repressive politics of Cuba. Moreover, the United States had frequently tried to get children returned to our country who had been taken away, usually by parents who had lost child custody cases here. If we kept Elián, our arguments for the return of those children to their American parents would be weakened.
Eventually, the case became an election issue. Al Gore publicly disagreed with us, saying that he had problems with the INS process and that even if Elián’s father was a fit parent, the boy might still be better off in America. It was a defensible position on the merits, and understandable, given the importance of Florida in the election. I had worked for eight years to strengthen our position in the state and among Cuban-Americans; at least in that community, the Elián case had wiped out most of our gains. Hillary saw the case as a child advocate and a parent: she backed our decision to reunite the boy and his father.